s;[19] the trial must be held
in the presence and under the superintendence of a judge having power to
instruct the jurors as to the law and advise them in respect of the
facts,[20] and the verdict must be unanimous.[21] But the requirement of
a jury trial is not jurisdictional; it is a privilege which the
defendant may waive with the consent of the Government and the approval
of the court. There is no distinction between a complete waiver of a
jury and a consent to be tried by less than twelve men.[22] When a
person is charged with more than one crime, the right to a speedy trial
does not require that he be first tried on the earliest indictment; no
constitutional right is violated by removing him to another jurisdiction
for trial on a later indictment.[23]

Impartial Jury

"* * *, the guarantee of an impartial jury to the accused in a criminal
prosecution, * * *, secures to him the right to enjoy that mode of trial
from the first moment, and in whatever court, he is put on trial for the
offense charged. * * * To accord to the accused a right to be tried by a
jury, in an appellate court, after he has been once fully tried
otherwise than by a jury, in the court of original jurisdiction, and
sentenced to pay a fine or be imprisoned for not paying it, does not
satisfy the requirements of the Constitution."[24]

The qualification of government employees to serve on juries in the
District of Columbia has been the principal source of controversy
concerning the meaning of the phrase "impartial jury." In 1909, the
Supreme Court decided, on common law grounds, that such employees were
disqualified in criminal proceedings instituted by the Government.[25]
As the proportion of public to private employees increased, this
decision created difficulties in securing properly qualified jurors. To
meet the situation, Congress removed the disqualification by statute in
1935. In United States _v._ Wood,[26] the act was held valid as applied
in a criminal prosecution for theft from a private corporation. By a
narrow majority the Court has subsequently held that government
employees as a class are not disqualified by an implied bias against a
person accused of violating the federal narcotics statutes,[27] nor
against an officer of the Communist party charged with willful failure
to appear before a Congressional committee in compliance with a
subpoena.[28] In both cases, the way was left open for a defendant to
establish the disqualific